Minister's Guidelines On Ministerial Powers for Unique or Exceptional Circumstances
When all visa avenues, including appeals and reviews, have been exhausted, a person may still be able to request Ministerial Intervention—a discretionary power held exclusively by the Minister for Immigration. This power allows the Minister to personally substitute a more favourable decision, even where the visa applicant does not meet legal requirements under the Migration Act 1958.
What Is Ministerial Intervention?
Under s351, s417 and s501J of the Migration Act 1958 (the Act), the Minister can substitute for a decision of a review tribunal a decision that is more favourable to an individual, if the Minister thinks it is in the public interest to do so. However, this power is not automatic and cannot be requested as of right. The Minister is under no obligation to consider or respond to a request, even when compelling evidence is provided.
Only a small number of requests are referred to the Minister for consideration. For a request to be considered, the case must demonstrate unique or exceptional circumstances.
What Qualifies as Unique or Exceptional Circumstances for Ministerial Intervention?
The Department may refer a case to the Minister for possible intervention if one or more of the following circumstances apply:
Strong compassionate grounds that, if not recognised, would result in serious, ongoing, and irreversible harm to an Australian citizen or permanent resident (such as a family member).
Health, age, or psychological conditions of the applicant that would lead to serious and ongoing hardship if they were removed from Australia.
Significant economic, scientific, cultural, or community contributions made by the applicant that would benefit Australia if they remain.
Unintended consequences of legislation or application of law that lead to an unfair or unreasonable result in the particular case.
The Department has determined that the applicant cannot be safely returned to their country due to circumstances beyond their control.
The applicant faces serious risks to personal safety or dignity in their country of origin that do not meet protection visa criteria (e.g., systematic discrimination or past trauma).
Where Australia’s non-refoulement obligations are engaged, such as when a person is excluded from protection visas but faces a real risk of significant harm if removed (as outlined in section 36(2A) of the Act).
How to Make a Ministerial Intervention Request?
To request Ministerial Intervention:
Speak with an Accredited Specialist in Immigration Law, such as Jason Ling, who specialises in complex visa matters such as these.
The request must be made in writing (including via email) to the Minister for Immigration.
All supporting information and documents must be submitted at the time of the request, including accurate English translations prepared by a NAATI-accredited translator.
If documents cannot be provided due to credible and compelling circumstances beyond the applicant’s control, reasons must be clearly stated in writing. The Department will then consider whether a response is appropriate.
Important: Ministerial Intervention is a last resort and only available in limited, exceptional cases. Seeking legal advice is strongly recommended to ensure your circumstances are clearly and persuasively presented.
Related:
Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
Who can make a Referral for Ministerial Intervention for Protection Visa Refusal or Cancelled?
How Can Agape Henry Crux Help
Consult with one of our Accredited Specialists in Immigration Law for tailored advice and assistance for your specific visa circumstances at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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